A number of decisions relating to the negligent infliction of mental injury (known as “nervous shock” in older cases) are noted below, extracted from a recent 2023 decision. The 2023 case (link at the end of the article) involved an application brought by the Defendants under Summary Trial to have the claim for “nervous shock” […]
Read more "Negligent Infliction of Mental Injury"Topic: Psychological Injury The case reviews ON Minor Injury Guidelines to determine whether the claimant is entitled to Statutory Accident Benefits. Psychological injuries, if established, fall outside the MIG, because such impairments are not included in the prescribed definition of “minor injuries.” This claim was not accepted for a number of reasons. The applicant had […]
Read more "Psychological Injury"On December 20, 2023, the Federal Court posted Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence. The publication enumerates a number of principles and guidelines that the Federal Court will comply with, which is noted in today’s article. We also highlight a decision of the Court referenced as Haghshenas v. Canada (Citizenship […]
Read more "Artificial Intelligence in Law"2023 Year in Review: Thankful for all of our mentors this year. Professional Development was a highlight for us in 2023. We wrote over 40 legal articles and developed and chaired seven accredited professional courses involving high-level speakers that offered their valuable time to educate all of us. Thank you to all the medical experts […]
Read more "2023 Year in Review"There are more changes in British Columbia being legislated. To provide you with a brief history for a better comprehension, I will enumerate my article to market on the history here: The government attempted to cap disbursements to 6% of the amount awarded as compensation. Eg: If a case was awarded 100,000 in damages, the […]
Read more "6% Cap on Disbursements"A recent decision reviews arguments from both counsel on whether this case falls under thin skull or crumbling skull principles. Liability was not admitted but was not a true issue here. The MVA occurred when the Plaintiff’s vehicle was rear ended while stopped at a stop sign. “The only issues argued before me at trial […]
Read more "2023 Chronic Pain Case"In a recent Supreme Court of BC decision referenced as Krepski v Valenciano, 2023 BCSC 2089 (CanLII) the test for failure to mitigate is discussed and referenced from a prior decision Quigley v Jonsen, 2019 BCSC 1812 (CanLII), which states: [30] The defendants must prove that the plaintiff has acted unreasonably in not acquiring […]
Read more "Failure to Mitigate leads to 10% Reduction"A very recent decision from the Civil Resolution Tribunal in BC reviews whether a shoulder injury sustained by the Applicant is deemed to be a “minor injury.” The CRT was asked to review and rely on the Sparrowhawk v. Zapoltinsky, 2012 ABQB 34 for determining whether an injury results in a “serious impairment” under Alberta’s […]
Read more "Determination: Minor Injury v. Serious Impairment"A recent 2023 decision Donaldson v Grayson, 2023 BCSC 1675 (CanLII) outlines the legal principles relating to the assessment of cost of future care. The award for costs of future care was significant – $208,000. There were also multiple objections raised by the defence in relation to cost items, some of which were accepted by […]
Read more "Awards of cost of future care"A recent decision published October 3, 2023 highlights the principles governing future loss of income claims and earning capacity, which is noted below. This case provides a good review of the principles. The case is Searle v Xie, 2023 BCSC 1716 (CanLII). Future Loss of Income-Earning Capacity [140] The Court of Appeal has discussed the principles […]
Read more "Principles Governing Loss of Earning Capacity"